A Modern Look At The 9 Patent Licensing 'No-Nos'

Law360, New York (February 28, 2013, 10:30 AM EST) -- In the 1970s, Bruce Wilson, a former deputy assistant attorney general at the U.S. Department of Justice, developed a well-known list of nine patent licensing "no-nos." The somewhat formalistic U.S. antitrust law of the 1970s viewed these licensing practices as generally unlawful, if not per se illegal. In this article, we will consider the nine "no-nos" from the perspective of U.S. antitrust law in 2013. Many "no-nos" are no longer automatically unlawful, but it is nevertheless important to understand the issues, because patent licensing practices can still draw fire under the rule of reason.

1) Tying the Purchase of Unpatented Materials...

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